California Court: Loss-Allocation Rules Of Article 4A Displace Customer’s Common-Law Claims Arisisng Out Of Wire Scam

LexisNexis (September 25, 2019, 2:14 PM EDT) -- Over the years, the most heavily litigated issue involving wire transfers is whether the plaintiff’s common-law claim that the beneficiary’s bank was negligent in handling an unauthorized wire is displaced by the rules of UCC Article 4A. The big question in these cases is whether the bank’s alleged negligence occurred within the four corners of the wire transfer transaction; if the negligence occurred before or after the wire transfer process, the displacement principle does not apply and the plaintiff’s common-law negligence claim may support recovery. In a recent case from California, the court applied the displacement principle broadly and threw out the negligence claim. The decision seems straight-forward and consistent with the weight of authority....